SB1821 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 8-465, Arizona Revised Statutes, is amended to read:

START_STATUTE8-465. Auditor general; department audit team; duties

A. The auditor general shall establish an audit team to be located in the department of child safety to provide ongoing performance reviews and analyses.

B. Pursuant to an audit plan adopted after review by the joint legislative audit committee, the audit team may:

1. Determine the validity and accuracy of information reported by the department to the legislature.

2. Perform other reviews and analyses relating to the department.

3. Review a specific department function or process.

4. Review the management of the case management system, including data accuracy and system errors, that is used by the department to track the placement and location of children in the care of the department.

C. Pursuant to section 41-1279.04, the department shall provide the auditor general access to any data from the department, including electronic data, that the auditor general deems necessary to perform the duties prescribed in this section. This data shall be provided in the manner and format prescribed by the auditor general. END_STATUTE

Sec. 2. Section 8-509, Arizona Revised Statutes, is amended to read:

START_STATUTE8-509. Licensing of foster homes; fingerprint waiver; restricted license; renewal of license; provisional license; exemption from licensure; immunization requirements; administration of medication; policies and procedures; definition

A. The department shall license and certify foster homes. Licenses are valid for a period of two years.

B. The department shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8-503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card issued pursuant to section 41-1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the department and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

C. A kinship foster care parent shall apply for a fingerprint clearance card pursuant to section 41-1758.07. In its discretion and for good cause, the department may waive the requirement for a kinship foster care parent to obtain a fingerprint clearance card. In evaluating whether good cause exists, the department shall apply the criteria prescribed in section 41-1758.07, subsections B and C. If the department waives the requirement, the department shall issue to the kinship foster care parent a restricted license that applies only to the children placed with the kinship foster care parent for kinship foster care.

D. The department shall not renew a license without satisfactory proof that the foster parent or parents have completed twelve actual hours of approved ongoing foster parent training during the two-year period of licensure as set forth in section 8-503.

E. If the department determines that completing the training required in subsections B and D of this section would be a hardship to the foster parent or parents, the department may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.

F. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the department. The department shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the department, the agency shall submit an application stating the foster home's qualifications to the department. The agency may also recommend the types of licensing and certification to be granted to the foster home.

G. The department shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.

H. This section does not apply if the child is placed in a home by a means other than by court order and if the home does not receive compensation from this state or any political subdivision of this state.

I. The department may not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with this state.

J. The department shall not require a foster parent to immunize the foster parent's natural or adoptive children as a condition of foster home licensure.

K. A licensee may modify the renewal date of a license issued pursuant to this section by submitting an application for modification of renewal date with the department on a form prescribed by the department. The licensee must specify the new month of renewal on the application. The modified renewal date must be before, but not more than six months earlier than, the existing renewal date.

L. The foster care review board shall review the cases of children placed by the department in foster homes licensed pursuant to this section as required by section 8-515.03.

M. If a group foster home is licensed pursuant to this section and will be administering medication to a foster child who will be placed in the group foster home, the group foster home shall develop policies and procedures that identify how the group foster home will manage administering medication to a foster child. The policies and procedures shall include all of the following:

1. How the group foster home will provide a foster child with qualified health care on a twenty-four hours a day, seven days a week schedule.

2. The group foster home's process for administering medication to a foster child.

3. The qualifications of staff members of the group foster home who will be administering medication to a foster child.

4. The qualifications of staff members of the group foster home who will be supervising a foster child's self-administration of medication.

5. The supervision, process and documentation of a foster child's self-administration of medication.

6. The documentation process for the administration of administering medication, medication errors and drug reactions.

7. The documentation and process of notification to a foster child's health care provider of a medication administration error or drug reaction.

8. The procedures for contacting law enforcement, a health care provider or a medical professional when a foster child's refusal to take medication prescribed to the foster child endangers the foster child's or another's another person's health and safety and the procedures for documenting the foster child's refusal to take medication prescribed to the foster child.

N. The department may require a group foster home to employ additional staff when a medically complex child is placed in the care of the group foster home. The department may require a group foster home to modify the group foster home's policies and procedures required by subsection M of this section to accommodate the needs of a medically complex child.

O. The department may conduct unannounced visits and inspections of any group foster home that is licensed pursuant to this section.

O. P. For the purposes of this section, "medically complex child" means a child who the department has determined has or is at risk for a chronic physical or developmental condition and who requires health-related services beyond the health-related services that are required by a child in general. END_STATUTE

Sec. 3. Section 8-514.02, Arizona Revised Statutes, is amended to read:

START_STATUTE8-514.02. Placement of child

A. The department may place a child with a parent, a relative or a person who has a significant relationship with a the child. the Placement of a child with a parent, a relative or a person who has a significant relationship with the child shall be the priority placement for a child.

B. During an emergency situation when a child must be placed, the department shall not place a child with a relative or a person who has a significant relationship with the child unless each adult member of the relative's or person's household consents to both of the following:

1. A preliminary state and federal name-based background check.

2. Within fifteen calendar days from after the date the name-based background check is conducted, the submission of a full set of the person's fingerprints to obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Except for a placement pursuant to section 8-861, before a child who has been in out-of-home care is placed with a parent, the department shall conduct a background check pursuant to section 41-1750 of all adult household members and all adults who have been identified as having caregiving responsibilities of the child in the home. The results of this background check shall be considered when making a safety assessment of the placement.

D. The department shall immediately remove a child from a home if any adult household member fails to provide fingerprints as provided in subsection B of this section. If placement of the child in the home was ordered by the court, the department shall immediately request a change of physical custody from the court.

E. Unless approved in writing by the department, the parent, or relative or person who has a significant relationship with the child shall not allow the child to:

1. Be placed with any other person.

2. Have any contact with the allegedly abusive or neglectful parent, guardian or custodian or other person designated by the department.

3. Leave this state.

F. If a child is placed with a parent, or relative or person who has a significant relationship with the child pursuant to this section, the department shall inform the parent, or relative or person who has a significant relationship with the child about available financial and nonfinancial services and eligibility requirements and shall assist the parent, or relative or person who has a significant relationship with the child to complete the necessary applications. END_STATUTE

Sec. 4. Section 8-514.03, Arizona Revised Statutes, is amended to read:

START_STATUTE8-514.03. Kinship foster care; requirements; investigation

A. The department shall establish kinship foster care services for a child who has been removed from the child's home and who is in the custody of the department. The program shall promote the placement of the child with the child's relative or a person with a significant relationship with the child for kinship foster care.

B. A kinship foster care parent applicant who is not a licensed foster care parent shall be at least eighteen years of age. The applicant and each member of the applicant's household who is at least eighteen years of age shall submit a full set of fingerprints to the department of child safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of child safety shall determine if the applicant is able to meet the child's health and safety needs by conducting one or more home visits and interviewing the applicant. The department of child safety may interview other household members, review the applicant's personal and professional references and conduct department of child safety central registry checks.

C. If the department determines that a kinship foster care placement is not in the best interest of the child, the department shall provide written notification to the applicant within fifteen business days. The notice shall include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.

D. A kinship foster care parent may be eligible to receive the following financial services for the child:

1. Full foster care benefits, including payment if the kinship foster care parent becomes a licensed foster care home or if the kinship foster care parent obtains a restricted license pursuant to section 8-509, subsection C.

2. Temporary assistance for needy families cash assistance payments for a child only case and supplemental financial support.

E. The department shall establish procedures for child welfare workers to inform kinship foster care families about available financial and nonfinancial services and eligibility requirements and shall assist the families in completing the necessary application.

F. If a family declines to apply for financial services, the family shall sign a statement indicating that the family declined services. The statement does not prevent the family from making application applying for financial services in the future. The worker shall provide a copy of the statement to the family.

G. The department shall provide nonfinancial services for a kinship foster care parent through existing means or referral. Nonfinancial services may include:

1. Family assessment.

2. Case management.

3. Child day care.

4. Housing search and relocation.

5. Parenting skills training.

6. Supportive intervention and guidance counseling.

7. Transportation.

8. Emergency services.

9. Parent aid services.

10. Respite services.

11. Additional services that the department determines are necessary to meet the needs of the child and family.

H. The department may conduct unannounced visits and inspections of a home where a child who is in the care and custody of the department is placed in a kinship foster care setting pursuant to this section. END_STATUTE

Sec. 5. Section 8-802, Arizona Revised Statutes, is amended to read:

START_STATUTE8-802. Child safety worker; fingerprint clearance cards; interview requirements; temporary custody limit; cooperation and coordination; alteration of files; violation; classification

A. The department shall employ child safety workers. All persons who are employed as child safety workers shall have a valid fingerprint clearance card that is issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days after employment. A child safety worker shall certify on forms that are provided by the department and that are notarized whether the worker is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

1. The child initiates contact with the worker.

2. The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to section 8-456.

3. The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.

C. A child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed.

D. All child safety workers shall be trained and demonstrate competency in:

1. The duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training shall include knowledge of a child's rights as a victim of crime.

2. The legal rights of parents.

3. Impact and intervention practices related to adverse childhood experiences, culturally and linguistically appropriate service delivery, domestic violence, family engagement, communication with special populations and trauma informed responses.

E. the department shall require each newly hired child safety worker to spend at least one year working and training under the supervision of an experienced child safety worker.

E. F. All child safety workers shall cooperate and coordinate with the office of child welfare investigations to carry out the purposes of section 8-471.

F. G. All child safety workers and child welfare investigations workers shall cooperate and coordinate with the inspections bureau to carry out the purposes of section 8-458.

G. H. All child welfare investigations workers and inspections bureau workers shall cooperate and coordinate with the rest of the department to achieve the purposes of this title.

H. i. A person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor. END_STATUTE